@mastersthesis{digilib78944,
           month = {August},
           title = {METODE ISTINBAT HUKUM SYAIKH ALI JUM?AH DAN SYAIKH WAHBAH AZ-ZUHAILI TENTANG BUNGA BANK: STUDI KOMPARATIF PENDEKATAN BAYANI, TA'LILI DAN ISTISLAHI},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 22203012092 Ahmad Muhakamurohman},
            year = {2026},
            note = {Dr. H. Abdul Mughits, S.Ag., M.Ag.},
        keywords = {Bunga Bank, Istinbat Hukum, Ali Jum?ah, Wahbah az-Zuhaili, U{\d s}{\=u}l Fikih},
             url = {https://digilib.uin-suka.ac.id/id/eprint/78944/},
        abstract = {Differences among Muslim scholars regarding the legal status of bank interest constitute a significant issue in contemporary Islamic economic law. Such differences not only result in divergent fatwas but also reflect differences in the methodology of Islamic legal reasoning (istinb{\=a}{\d t} al-a{\d h}k{\=a}m). This study aims to analyze the legal reasoning methodologies of Shaykh Ali Jum?ah and Shaykh Wahbah az-Zuhayli concerning bank interest and to compare their similarities and differences through the bay{\=a}n{\=i}, ta?l{\=i}l{\=i}, and isti{\d s}l{\=a}{\d h}{\=i} approaches. Both are prominent encyclopedic scholars who represent, respectively, the camp that permits bank interest and the camp that prohibits it.
This study employs a qualitative library research method. Primary data are drawn from the works of both scholars, while secondary data consist of scholarly books, journal articles, theses, dissertations, and other relevant documents. Data are analyzed using descriptive-analytical and comparative methods within the framework of u{\d s}{\=u}l al-fiqh.
The research findings indicate that Shaykh ?Al{\=i} Jum?ah?s method of legal reasoning (istinb{\=a}{\d t} al-{\d h}ukm) integrates the Bay{\=a}n{\=i}, Ta?l{\=i}l{\=i}, and Isti{\d s}l{\=a}{\d h}{\=i} approaches, with an emphasis on ta{\d s}awwur al-mas?alah, taky{\=i}f fiqh{\=i}, ta{\d h}q{\=i}q al-man{\=a}{\d t}, as well as consideration of the maq{\=a}{\d s}id al-shar{\=i}?ah in understanding the realities of modern banking. In contrast, Shaykh Wahbah az-Zuhayli emphasizes the continuity of classical Islamic jurisprudence in addressing contemporary issues through the classification of bank transactions as qard, the application of the general meaning of scriptural texts, the identification of ziy{\=a}dah (stipulated increment over the principal of a loan) as the ?illah of rib{\=a}, and the use of qiy{\=a}s. Both scholars rely on the Qur?an, Sunnah, ijm{\=a}?, qiy{\=a}s, and maq{\=a}{\d s}id as-Syar{\=i}?ah, but differ in their conceptualization of the legal issue, taky{\=i}f fiqh{\=i}, determination of the ?illah, and the methodological function of maq{\=a}{\d s}id as-Syar{\=i}?ah. This study concludes that the differing legal rulings of Shaykh Ali Jum?ah and Shaykh Wahbah az-Zuhayli on bank interest do not primarily stem from differences in the sources of Islamic law, but from differences in their methodological paradigms in understanding the legal object and applying the instruments of u{\d s}{\=u}l al-fiqh to contemporary economic realities. Their divergent conclusions therefore reflect different methodological constructions in relating scriptural evidence, legal causation, and contemporary realities in the process of Islamic legal reasoning.}
}